Construction Products Regulations

What is it?
The Construction Products Regulation (CPR) came into force on July 1st 2013 replacing the Construction Products Directive (CPD). A product that falls within the scope of these regulations has to bear a CE mark to prove that it conforms to a harmonised European Standard (hEN) or European Technical Assessment (ETA). The purpose of the regulation is to create a level playing field for construction products and remove barriers to trade across the EU member states.
Serpentine Pavilion, London

Whats new about it?

There are 2 major differences between the CPR and the CPD. The first is that previously the UK and Ireland had opted out of implementing the Directive into law. This is no longer possible and the Statutory Instrument 2013/1387 is now in force across all the UK, which has established powers of enforcement. There will be punishments for non-compliance to the regulation, which could result in financial penalties or in extreme cases, even imprisonment. The other major difference is that manufacturers have to declare the ongoing performance of their product and not just ensure it conforms to a minimum performance within the standard. This is provided in the form of a Declaration of Performance (DoP) document which is a legal requirement of any CE marked product, and replaces the current Declaration of Conformity (DoC) document. By making a DoP the manufacturer, importer or distributor is assuming legal responsibility for the conformity of the construction product with its declared performance.

Glasgow Transport Museum, Glasgow

Construction Products Regulations What does it mean for Saint Gobain?

For Saint-Gobain as a leading manufacturer of construction products it means the following: We will need to ensure that products that fall within scope are CE marked - scope for products that fall within this are found in Annex ZA at the back of each standard or in a section of the ETA. We will need to to continue to ensure that the CE mark details are shown clearly on the product, labelling or packaging. We will need to provide a DoP for all CE marked products. DoPs must be supplied either in paper form or by electronic means. It is possible to satisfy the latter route by making the DoP available on a website, via for example a weblink provided with the article at the point of sale. In order to reduce the risk of supplying DoPs via a website, while the law is being revised to make allowances, companies should consider signing up to a Primary Authority agreement and in the UK the Construction Products Association has some assured advice on how this should be handled. We will need to keep copies of the DoPs on file for a minimum of 10 years. Products that were CE marked prior to July 1st 2013 will still be compliant with the new regulation (but will require a DoP). Any product that now needs to be CE marked, which has been manufactured before 1st July 2013 but is still on the shelves will not need to be withdrawn. Products manufactured on or after the 1st July 2013 will have to be correctly labelled or they will not be able to be legally sold. As a major distributor and importer it means the following: There are new responsibilities for distributors of products in their own brand name. Therefore under the CPR we will have to take on the same responsibility as the primary manufacturer where we use our own brand names. This means that we have to hold the same documentation for the same period of time, have to ensure that products that fall within the scope of standards have a CE mark and ensure the ongoing declared performance is in line with the DoP. Although the distributor/importer will not carry out any of the conformity checks required by the hEN or the ETA, it is their responsibility to ensure the product is compliant, and therefore that the manufacturer has completed the necessary work to ensure compliance. Because of this responsibility we would also be liable to the same punishment if a product were found to be non compliant.
St Pancras Train Station, London

What does it mean for our customers?

It is important for our customers to be aware that any product which is already CE marked will still be compliant with the new regulations. In fact because it is now compulsory to have products CE marked they will see more products with the mark attached. Saint-Gobain has been CE marking products across Europe for many years so most will have already been compliant. For many customers the major difference to note will be the change of documentation to a Declaration of Performance (DoP). To keep compliant they will need to ensure they have a copy of this to pass on where required. The DoC is not valid from 1st July 2013. The CPR will not mean that customers can substitute a product for an equivalent one because it has the same CE mark. The CE mark does not demonstrate the products total performance either individually or as part of a system. The DoP for the product should be checked for information on product performance.

Where can I find further information?

The actual regulation can be found here: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri= OJ:L:2011:088:0005:0043:EN:PDF Construction Products Association advice can be found at: http://www.constructionproducts.org.uk/publications /industry-affairs/display/view/construction-productsregulation/ Our website: www.saint-gobain.co.uk Twitter: @SaintGobainUK